Lancaster Municipal Code Ch. 9.30 Abatement of Nuisance Vehicles

A. Definitions.

As used in this chapter:

"Carrying illegal weapons" means the unlawful possession of any firearm or weapon in a vehicle.

"Controlled substance" shall have the meaning set forth in Section 11007 of the California Health and Safety Code.

"Driver" means any person who drives or is in physical control of a vehicle.

"Illegal dumping" means the disposing of rocks, soil, grass clippings, branches, leaves, equipment, vehicles, furniture, furnishings or accessories, or any other item, material, debris or liquid or solid waste on any public property or private property without the consent of the owner thereof.

"Prostitution" means engaging in lewd or sexual conduct for money or other consideration, including, but not limited to, any conduct prohibited by Penal Code Sections 647(b) and 653.20 et seq.

"Unlawful possession" means either the possession of a firearm or weapon that is unlawful pursuant to the provisions of Penal Code Section 12020, or the possession or operation of an otherwise lawful firearm or weapon the possession of which is prohibited by operation of law including, but not limited to, those prohibitions set forth in Penal Code Sections 12021, 12025, 12031, 245, 246 and 247.

"Vehicle" means any transportation device that requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven.

(Ord. 826 § 2 (part), 2004: Ord. 818 § 2 (part), 2003)

A. Any vehicle used for the purpose of:

1. Soliciting or attempting to solicit an act of prostitution, or loitering for the purpose of soliciting an act of prostitution;

2. Possessing, transporting, attempting to sell, use or acquire any controlled substance;

3. Carrying illegal weapons; or

4. Engaging in or attempting to engage in an act of illegal dumping

is declared a nuisance, and the vehicle shall be enjoined and abated as provided in this chapter.

B. Any person or his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance.

(Ord. 826 § 2 (part), 2004: Ord. 818 § 2 (part), 2003)

All right, title and interest in any vehicle described in this chapter shall vest in the city upon commission of the act giving rise to the nuisance under this chapter.

(Ord. 818 § 2 (part), 2003)

A. A peace officer may seize a vehicle subject to forfeiture under this chapter upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:

1. The seizure is incident to an arrest or search under a search warrant;

2. There is probable cause to believe the vehicle was used in violation of this chapter.

B. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.

C. An immediate investigation shall be made by the Los Angeles County Sheriff Department as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the Los Angeles County Sheriff Department finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall within two business days of the vehicle's seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.

D. The notice of seizure sent pursuant to the requirements of Section 9.30.040 shall set forth the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

E. A vehicle seized pursuant to this section, where appropriate may be held as evidence in any proceeding brought by the district attorney.

(Ord. 818 § 2 (part), 2003)

A. The district attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.

B. If the district attorney determines that the factual circumstances warrant forfeiture of the vehicle described in this chapter, the district attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within ninety (90) days of the seizure of the vehicle subject to forfeiture.

C. The notice of intended forfeiture shall be served as follows:

1. The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 9.30.040.

2. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:

(a) By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

(b) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

3. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Lancaster newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

D. A notice of intended forfeiture shall include:

1. A description of the vehicle;

2. The date and place of seizure;

3. The violation of law alleged with respect to forfeiture of the property;

4. The instructions for filing and serving a claim with the court pursuant to Section 9.30.060 and time limits for filing a claim.

(Ord. 818 § 2 (part), 2003)

A. A person claiming an interest in the vehicle seized pursuant to this chapter must within ten (10) calendar days from the date of the notice of intended forfeiture or within thirty (30) calendar days from the date of first publication of the notice of seizure, file with the Superior Court of the County, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the property. An endorsed copy of the claim shall be served upon the district attorney within ten (10) calendar days of the filing of the claim.

B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within thirty (30) calendar days from the date the claim is filed.

C. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section.

D. With respect to vehicles described in this chapter for which forfeiture is sought and as to which forfeiture is contested, the district attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in this chapter.

E. Upon proof that the property was used for any of the purposes set forth in this chapter, the court shall declare the property a nuisance and order that the property be forfeited, sold, and the proceeds distributed as set forth in Section 9.30.070.

F. If no claims are timely filed, the district attorney shall prepare a written declaration of forfeiture of the vehicle to the city. A written declaration of forfeiture signed by the district attorney under this section shall be deemed to provide good and sufficient title to the forfeited property. The proceeds from the disposal of the vehicle declared forfeited by the district attorney shall be distributed in accordance with Section 9.30.080. The district attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

(Ord. 818 § 2 (part), 2003)

In all cases where vehicles seized pursuant to this section are forfeited to the city, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows:

A. To the bona fide or innocent purchaser, conditional sales vendor, mortgagee or lien holder of the property, if any, up to the amount of his or her interest in the property, when the court or city attorney or district attorney declaring the forfeiture orders a distribution to that person.

B. To the district attorney for all expenditures made or incurred by the office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Section 9.30.050 and to local law enforcement for costs related to the sale of the vehicle, including expenditures for any necessary repairs, storage, or transportation of any vehicle seized under this section.

C. The remaining funds shall be distributed to the city.

D. The funds distributed to the city pursuant to this section shall not supplant any funds that would, in the absence of this subsection, be made available to support the law enforcement and prosecutorial efforts of these agencies.

(Ord. 818 § 2 (part), 2003)